Section 29 Perfection of Appeal Before the Public Service Commission
Library | Administrative Law 2011 |
After the PSC has issued an order or decision, certain procedural steps must be followed to perfect the right to an appeal. The first is filing an “application for rehearing” before the effective date of the order or decision. Section 386.500, RSMo 2000. Section 386.490.3, RSMo 2000, provides that an order or decision of the PSC “shall of its own force take effect and become operative thirty days after the service thereof” unless the PSC provides otherwise. The PSC often provides for an effective date of less than 30 days, in most cases approximately 10 days. This is done as a matter of convenience for the parties because the parties cannot proceed until the order or decision is effective.
Sometimes an effective date of less than 30 days presents a problem for parties dissatisfied with the PSC’s order or decision because it shortens the time in which they must prepare and file their application for rehearing. Several Missouri cases deal with the lawfulness of PSC orders or decisions that are effective in less than 30 days. In State ex rel. Kansas City, Independence & Fairmount Stage Lines Co. v. Public Service Commission, 63 S.W.2d 88, 93 (Mo. 1933), the Supreme Court stated that an order effective 10 days after its issuance was not unlawful. But in State ex rel. St. Louis County v. Public Service Commission, 228 S.W.2d 1, 2 (Mo...
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- Section 1 Introduction: Public Service Commission— Its Jurisdiction
- Section 2 Sources of Information as to Practice and Procedure Before the Public Service Commission
- Section 3 Proceedings Before the Public Service Commission
- Section 4 Applications
- Section 5 Complaints
- Section 6 Institution of Proceedings by the Public Service Commission
- Section 7 Filing of a Tariff
- Section 8 Electronic Filing and Information System
- Section 9 Notice
- Section 10 Generally
- Section 11 Intervention
- Section 12 Public Service Commission Staff
- Section 13 Office of the Public Counsel
- Section 14 Discovery
- Section 15 Prehearing Conferences
- Section 16 Subpoenas and Subpoenas Duces Tecum
- Section 17 Enforcement of Discovery
- Section 18 Presiding Officer
- Section 19 Evidence
- Section 20 Local Public Hearings
- Section 21 Settlement of Cases
- Section 22 Summary Disposition
- Section 23 Briefs and Oral Argument
- Section 24 Orders and Decisions
- Section 25 Conclusion as to Practice and Procedure
- Section 26 Introduction
- Section 27 Orders and Decisions of the Public Service Commission
- Section 28 Review of Orders of Rulemaking
- Section 29 Perfection of Appeal Before the Public Service Commission
- Section 30 Rehearing Granted
- Section 31 Perfection of Judicial Review Before the Circuit Court
- Section 32 Scope of Review of Public Service Commission’s Orders and Decisions
- Section 33 Review by Application for a Writ of Certiorari or Review
- Section 34 Perfection of Appeal From the Circuit Court’s Decision
- Section 35 Scope of Review by the Court of Appeals
- Section 36 Effect of Public Service Commission’s Order or Decision Pending Appeal
- Section 37 Conclusion as to Appeals
- Section 38 Additional Sources
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